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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-9/8/2003 Texas AGENDA PLANNING AND ZONING COMMISSION East Wing Conference Room - 5400 Bransford Road [Please Note: Change in Meeting Location] Monday, September 8, 2003 REGULAR MEETING: 7:00 P.M. CALL TO ORDER Chairman Jeff Wall ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Jones August 18, 2003 & August 25, 2003 CITIZEN COMMENTS AGENDA ITEMS 1. Case P-03-019 - TABLED ITEM - Final Plat of Old Grove, 45.459 acres located west of the Westmont Addition and southwest of John McCain Road 2. Case Z-03-018 - TABLED ITEM - Zoning Change from CC2 to PUD-R Planned Unit Development Residential on 7.160 acres located in the 4300 block of Brown Trail on the west side of the street 3. Case G-03-029 - Tree Mitigation Request on 15 acres located on the southwest corner of John McCain Road and Colleyville Boulevard 4. Discussion of the Master Plan Update 5. Staff Comments, Reports and Discussion Items The following items were received on the last case submittal deadline: · Case P-03-024 - Minor Plat of Lots 10, 11 & 12, Block 1, Oak Knoll North Addition, 10.943 acres located at the north end of Cedar Court and Jo Will Court L · Case P-03-025 - Preliminary Plat of McCrary Estates, 6.6072 acres located in the 5800 block on the west side of Bransford Road Planning and Zoning Commission Agenda - September 8,2003 Page 1 of 2 . Case Z-03-021 - Zoning Change from R20 to RE, 10.943 acres at the north end of Cedar Court and Jo Will Court . Case Z-03-022 - Zoning Change from R20 to AG, .87 acres located in the 5800 block on the west side of Bransford Road . Case SP-03-012 - Site Plan for Colleyville Animal Clinic to be located at 701 Glade Road . Case SP-03-013 - Site Plan for Colleyville Square, Phase VII to be located at 6203 and 6207 Colleyville Boulevard 7. Commissioners' Comments and Reports ADJOURNMENT I, Jan Levy, certify that this agenda was posted on the Bulletin Board at City Hall on Friday, September 5, 2003 at 4:30 p,~ f.'. Planning and Zoning Commission Agenda - September 8, 2003 Page 2 of 2 CQen~ Tel"" PLANNING AND ZONING COMMISSION MEETING MINUTES - August 18, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioner Bud Sellers was absent. Barry LeBaron, Clayton Husband, Jeff Jones and Jan Levy from staff were present. INVOCATION The invocation was given by Chairman Wall PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES August 11, 2003 Commissioner Kelly moved to approve the minutes as written. Commissioner Jones seconded the motion, The motion passed by unanimous acclamation. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case P-03-017 - Final Plat of Beldon Hollow, 16,119 acres located on the south side of Glade Road in the 2100 block Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Culley entered into discussion with staff about the elimination of the cul-de-sac and the changes made on the plat from the approved PUD, There was discussion about the three shared driveways and if the City has specifications regarding shared driveways. The commissioners discussed the open space design and staff recommended that the commissioners ask for those specifications from the developer's engineer. Edward Eckart, PE, was present to represent the case to the Commission. He said the detention pond is designed to control down stream drainage and they will over-detain the water beyond what the downstream conditions require. He said the hike and bike trail will be located outside the limits of the lake. He said the area is heavily wooded and 95% of the trees will remai'r; so the park will remain in a natural state. He explained the outflow process at the request of Chairman Wall. Planning & Zoning Commission Minutes - August 18, 2003 Page 1 of 9 (Draft Copy- 8/27/03) Commissioner Culley moved to approve the final plat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None 2. Case P-03-021 - Approval of a variance from the Land Development Code regarding lot dimensions for potential subdivision of the Cyrier Addition, 2.17 acres located at 3609 San Bar Lane Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He informed them that staff received comments from the Fire Department and they commented that the creation of another lot would impact their ability to provide service to the back lot. Ken Cox, 3609 San Bar Lane, was present to represent the case. He said they planned on creating two driveways side-by-side and they would each be ten feet wide. He said the configuration of the driveways may improve access by the Fire Department to the existing house, The commissioners entered into discussion about the proposed driveway and how it did not meet the specifications for a standard fire lane. There was discussion about possibly requiring the new home to have an interior sprinkler system and also locate a fire hydrant on the proposed new lot. Commissioner Swift said he fails to see the basis to approve the request given the comments by the Fire Department. Chairman Wall asked staff if the commissioners turned down the variance request, would the applicant have recourse with the City Council. Barry LeBaron said the applicant would not be able to request City Council to over-ride the Commission's action. He explained why staff recommended denial of the request. Commissioner Kelly expressed concerns and said he would like to work with the applicant. He said maybe the applicant would meet with the Fire Department to explore alternatives and alleviate their concerns. Commissioner Culley said the safety issues deserve the highest consideration and he hoped the applicant will continue to work with staff. Commissioner Culley moved to table the request. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones Noes: Wall t'. Planning & Zoning Commission Minutes - August 18, 2003 Page 2 of 9 (Draft Copy - 8/27/03) 3. Case Z-03-017 - PUBLIC HEARING - Zoning Change from R20 to PUD-C Planned Unit Development Commercial on Lot 17, Block 2, Fairway Addition located at 8504 Precinct Line Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. The commissioners entered into discussion about uses allowed in the CPO zoning district versus the uses listed in the PUD ordinance. There was discussion about fencing requirements for commercial businesses, Brad Hardy, applicant, was present to represent the case and said the owners are also present. He explained that they have complied with the CPO design standards and uses and propose a masonry wall on the east side of the property where there are already existing residences. He said it would be an eight foot masonry wall with landscaping. Commissioner Culley asked about hours of operation. Mr. Hardy responded that the hours of business would generally be 9 a.m, to 5 p.m. and it will be a corporate real estate office that is relocating from another area. He said there would be no late deliveries. Chairman Wall requested that any lighting on the property be hooded-lighting with zero illumines at the edges of the property. Chairman Wall opened the public hearing. Those present wishing to speak were: Scott Meeze, said he owned Lot 16 and has a residence on Lot 13. He said he objected to the zoning change because this is an established residential neighborhood and he has no plans to sell his vacant property to the north of the request. He requested an eight foot privacy fence on the north, south, and east sides of the request because he does not want anyone coming off Precinct Line Road onto his property. There was no one else present wishing to speak and Chairman Wall closed the public hearing. The commissioners entered into discussion about the compliance with the existing Master Plan and the work going on for a future Master Plan. Commissioner Kelly said approval of this zoning change may tie the hands of future analysis on commercial development in the area. Commissioner Swift said that given the current development of the area he would be in favor of the change. Commissioner Culley said the likelihood of future residential development along Precinct Line Road would not be great; however, they need the right kind of development. The commissioners entered into discussion about a masonry wall. Commissioner Byerly said he sees the potential for opening the property to the north and south to allow future access and he proposed a masonry wall on the east side with landscape buffers on the north and south property lines, Commissioner Jones expressed empathy for the homeowners in the area because of all of the comm'ercial development going on around them. Planning & Zoning Commission Minutes - August 18, 2003 Page 30f9 (Draft Copy - 8/27/03) Commissioner Swift moved to approve the zoning change request with a requirement that a eight foot high masonry wall be constructed on the east side of the lot and a reasonably permanent landscape screening per the Land Development Code requirements be planted on the north and south sides. Commissioner Culley seconded the motion. Chairman Wall offered a friendly amendment to include the requirement that any lighting on the property have zero illumines at the edge of the property. The friendly amendment was accepted. The vote being: Ayes: Culley, Swift, Byerly, Wall Noes: Kelly, Jones 4. Case Z-03-018 - PUBLIC HEARING - Zoning Change from CC2 to PUD-R Planned Unit Development Residential on 7.160 acres located in the 4300 block of Brown Trail on the west side of the street Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Larry Cole, applicant, was present to represent the case. He gave the background of the property and told how the property was purchased twelve years ago for the construction of doctors offices, but that has not happened. He said the hospital acquired the property before Bridlewood was built and nobody in the community expected retail to be developed on the property. He said he is proposing a transitional zoning option between Bridlewood and the retail along Hwy. 26. He said he approached the church to purchase the additional two acres that front on Brown Trail, but they did not want to sell it because they plan on using it for future expansion, He said there are no taxes paid on the church property and there is not a demand for offices or commercial. He said he is proposing to add $10,000,000 to the tax rolls and he plans on preserving the existing trees. He displayed his development designs and spoke about his plans for a walking and jogging path with mood-scape lights and how the open space along Brown trail will soften the noise from four lanes of traffic on Brown Trail. He said that 62' wide lots are better than the 60' lots that have previously been approved in the City because it allows the construction of a 50' wide house on the main floor. Chairman Wall opened the public hearing. Those present wishing to speak were: Wayne Ridenhour, 600 Bridlewood N., spoke in favor of the request. He spoke about tax revenues and how he would prefer to have people neighbors instead of the rats he currently has on the vacant property. Jo Ann Gasper, 4103 Paddington Lane, said that residential is the highest and best use of the property. She expressed concerns about the density and how left turns into the property from Brown Trail may be unsafe. l'. Planning & Zoning Commission Minutes - August 18, 2003 Page 4 of 9 (Draft Copy - 8/27/03) Ken Davis, 412 Bridlewood N., said he is not opposed to the development, but he has a problem with the proposed lot size. He expressed concerns about the possible blind spots for ingress and egress on Brown Trail. He said he would be in favor of larger lot sizes. Steve Ewing, 700 Green Meadow, spoke in favor of the residential development, but said he would like to see larger lots. Steve Knight, 3917 Felps Court, spoke in favor of residential development in the area, but expressed concerns about the density. Mark Crenshaw, 504 Bridlewood N., said he was opposed to the density and he does not want to look at the backs of houses and said his privacy would be invaded. Donna Ridenhour, 600 Bridlewood N., said she was excited to have residential development proposed in the area. She said this is a good area for retirement living and people want classic dwelling concepts but smaller lots to maintain. She suggested that the lots that back onto Bridlewood North could be limited to one story. She expressed what a good developer Larry Cole is. There was no one else wishing to speak and Chairman Wall closed the public hearing. Commissioner Jones said he is sensitive to the density. There was discussion about how the development would become a gated community and how it will be the best use of the property. Commissioner Culley spoke about the traffic concerns and how there will be additional traffic no matter how the property develops. Clayton Husband said the DRC had no significant concerns about traffic at that location. Commissioner Culley said his greatest concern is about future homes looking into others back yards. He said possibly a specific fence height might alleviate the problem. Commissioner Culley said residential is the highest and best use of the property and Mr. Cole develops properties that make the community better. He said a lot of people are looking for smaller lot sizes, but do not want to give up their dwelling size. He said single family homes would be better than apartments and this concept does not pull down property values. Commissioner Swift said Mr. Cole builds a fine development and this property has been vacant for a very long time; however, that is not a stimulus for having to do something on the property. He expressed concerns about density and the loss of privacy for Bridlewood residents. He said he would be in favor of the request if Mr. Cole can address some of the neighbors concerns. There was discussion by the commissioners about the statement in the 1998 Master Plan that allows smaller lots in certain areas. They discussed residential height restrictions versus commercial height restrictions. Commissioner Byerly said if residential is the best use of this property, he does not have a problem with the proposed density, but he would like to wait for a reco~mendation from the consultant the City has hired to address future development in this area. Planning & Zoning Commission Minutes - August 18, 2003 Page 50f9 (Draft Copy - 8/27/03) Larry Cole addressed the Commission and said he is proposing nine lots that will back up to eight lots in Bridlewood. He explained the costs associated with the amenities he is proposing and how he is having to pay office type prices for the property rather than residential prices. He said adjusting the density does not offer any solution on the issues and it becomes less feasible to develop the property. He spoke about a subdivision he constructed in Bedford and explained how the turn lane into Silverwood has a gate 100' back from the road with a turn lane. He proposed that the nine houses that back up to Bridlewood could be restricted to not allow windows on the back side, but windows facing the side or angle the windows onto the side. He discussed the desire of many people currently living in Colleyville who want smaller lots with less maintenance and how this will be a transition neighborhood. There was discussion about other developments in the City that provide for transitional zoning and the current market for property in Colleyville. Commissioner Culley moved to suspend the rules for the purpose of allowing the property owner to speak. The rules were suspended. Dick McHarg, 611 Ryan Place, Director of Acquisitions for Texas Health Systems, said they purchased the property in 1991 to build a medical facility. He said they placed the property back on the sale market in 1996 and they have had a number of inquiries and one was a retirement assisted living center and only two other contracts were for potential commercial developments, but all of those have fallen through. He said the commercial and medical areas have moved away from this area and they have had no commercial offers on the property. He said the access off Highway 26 was sold to the church. Commissioner Culley said that concerning turning lanes and traffic issues, if the developer does the same has he did for his Bedford development on Cheek Sparger Road, the problems could be alleviated. He said the traffic flows well in the area of the Bedford development. He said they have heard comments about taking commercial property to develop residential and there are arguments for the other side of the coin. He said Mr. Cole is addressing transitioning zoning. He said he wanted to know Mr. Crenshaw's response to Mr. Cole's suggestion about having no upstairs windows facing Bridlewood Drive N. Mr. Crenshaw responded that having no upstairs windows would be a big improvement. He also said using the location of an office building on the property rather than single family homes is not a good comparison. Chairman Wall reopened the public hearing. Melinda Crenshaw, 504 Bridlewood N. asked questions about required rear yards in the proposed subdivision. The commissioners entered into discussion about open space and density of surrounding subdivisions. Chairman Wall moved to recommend denial of the zoning change request. Commissioner Byerly seconded the motion. Planning & Zoning Commission Minutes - August 18, 2003 Page 60f9 (Draft Copy - 8/27/03) Commissioner Cully said he shares the concerns about not changing the status-quo, but maybe they say things as commissioners and maybe not mean them. He said he heard several opinions about how the property will not become viable for commercial development. He said there is a present need to generate tax dollars for the community and maybe commercial development is not ready to be developed here at this point. He said he believes Mr. Cole needs to meet with the neighbors and work out the issues, and he would recommend tabling the case to allow that. The commissioners entered into discussion about higher density subdivisions and the need for the Master Plan update to guide future development in this area. Chairman Wall called for the vote. The vote being: Ayes: ,Swift, Byerly, Wall Noes: Kelly, Culley, Jones Staff explained that it takes four affirmative votes by the Commission to take action on a case. Barry LeBaron recommended that the commissioners may want to consider tabling the case until they could get seven members present in order to break a tie vote. Commissioner Culley moved to table the case. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Jones, Wall Noes: Swift, Byerly [Note: The commissioners took a ten minute break and returned at 9:30 p.m.] 5. Case Z-03-019 - PUBLIC HEARING - Zoning Change from CN to PUD-R Planned Unit Development Residential on 4.04 acres located at the Northeast corner of Cheek Sparger Road & Steeplechase Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There were questions about the density and size of lots being built on Felps Drive. Chairman Wall opened the public hearing. Those present wishing to speak were: Jimmy Schnurr, representing the applicant, Boardwalk Homes. He said the applicant, Mr. Tomlison, was present if the commissioners had any questions for him. Mr. Schnurr explained how they earlier had a request before the Commission on a portion of the present request. He said that Mr, Tomlison had given up developing the smaller parcel, but was approached by two property owners to develop the property for residential homes. There was talk about the zoning of surrounding properties and how the original request had five dwelling units per acre and this request was now for 2.5 dwelling units per acre with an average lot size of 11,577 square feet. He said they designed the property to put the larger lots backing up to Bridlewood Estates, He said the development of this property solidifies the area. He said the orientation of hOl'l'les are such that the open space is now backing up to Steeplechase so those neighbors do not look at the backs of homes. Mr. Schnurr said they further plan to soften the area by planning a row of trees on the eastern side of the park. He said they will have the Planning & Zoning Commission Minutes - August 18, 2003 Page 7 of 9 (Draft Copy - 8/27/03) Homeowners Association meet or exceed Bridlewood restrictive covenants. He said the homes will have no front entry garages and the maximum height is 1 % stories, He said they contacted the surrounding area Homeowners Associations and he presented letters of support to the commissioners. Pam Brandon, Wood briar Estates Homeowners' Association President, spoke in favor of the request. She said the developer has worked closely with the six property owners who would be most affected by the zoning change. Mohammad Perach, 2808 Brookshire Drive, Southlake, spoke in opposition to the request. He said the Muslim mosque was designed prior to property on either side being developed. He said the mosque would have little impact on the adjacent property if it was developed as commercial and they wanted to develop good community relationships. He said he would prefer that the open space in the proposed development be located along the mosque property to provide privacy. He said services will take place in the evenings and they don't want problems with neighbors. He said there are possibly two solutions to this problem: a) leave the property commercial so it could be developed as doctors offices because if it were commercial offices they would not be open in the evening, or b) put a green belt adjacent to the mosque property. Commissioner Swift asked about the frequency of church services. Mr. Perach responded that they hold prayer services around sunset and Fridays are usually community functions. He said there are Saturday afternoon prayer services and also have a Sunday school. He said there are currently 100 families involved, but they could expand to 200 families. Geraldine Gawle, 417 Bridlewood S., said the mosque property has drainage problems and the water table is bad along the fence in Bridlewood. She said this proposed addition could have a domino effect and add to the problems. There was discussion that followed about the drainage. Tom Caunitz, 4006 Steeplechase Drive, said the developer has listened to their concerns and he is now very much in favor of this request. He said he liked the greenbelt area, the HOA bylaws, the developers plan to save trees, and how the houses will buffer the subdivision somewhat from the mosque. He said the builder will beautify the area. Rick Doggett, 413 Bridlewood S., spoke about drainage issues he is experiencing with the mosque construction. Steve Knight, 3917 Felps Court, said he is glad to see people taking an interest in the area and building single family homes. He said he spoke against the original proposal because of the density and he thanked Commissioner Swift for keeping density in the forefront. He said the developer has addressed all the issues and this is a textbook example of how property should be developed, He said he is whole heartily in support of this development and the process. There was no one else wishing to speak and Chairman Wall closed the public hearing. " There was discussion about the fencing the developer is proposing for the east side of the property. Jimmy Schnurr said they will match the existing fence on Steeplechase that has Planning & Zoning Commission Minutes - August 18, 2003 Page 8 0'9 (Draft Copy - 8/27/03) brick columns with wood fencing. The developer's engineer, David Vilvaig answered questions about the drainage. Chairman Wall asked the developer to consider moving 20' of the greenbelt to the other side of the development in order to shield residents from the mosque. He expressed concerns about opposition from Mr. Perach who was representing the mosque. The commissioners expressed thanks to the developer for working with the citizens in the area. Commissioner Swift moved to recommend approval of the zoning change. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None 6. Discussion of the Master Plan Update: Staff informed the commissioners of upcoming meetings. 7. Staff Comments, Reports and Discussion Items: There was none. 8. Commissioners' Comments and Reports: There was none. The Commission adjourned the meeting at 10:20 p.m. by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. ,. Planning & Zoning Commission Minutes - August 18, 2003 Page 9 of9 (Draft Copy- 8/27/03) (Ceil$ 7'(. ~"s PLANNING AND ZONING COMMISSION MEETING MINUTES - August 25, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioner Bud Sellers was absent. Tom Niederauer, Jeff Jones and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Byerly PLEDGE OF ALLEGIANCE CITIZEN COMMENTS There was no comment. AGENDA ITEMS NOTE: The Commission moved item #2, Case P-03-022, to the first item for consideration, 1. Case P-03-022 - Replat of Lot 8, Block 4, Remington Park, Phase III located at 6008 Chestnut Bend Tom Niederauer presented the case to the commissioners and reviewed the staff briefing. Commissioner Jones asked staff if there were any drainage issues associated with this plat. Staff responded that they were not aware of any. Chairman Wall opened the public hearing. No one was present wishing to speak. The public hearing was closed. Commissioner Culley moved to approve the replat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None t'. Planning & Zoning Commission Minutes - August 25, 2003 Page 1 of 7 (Draft Copy- 8/27/03) 2. Case P-03-019 - Final Plat of Old Grove, 45.459 acres located west of the Westmont Addition and southwest of John McCain Road Tom Niederauer presented the case to the commissioners and reviewed the staff briefing. He pointed out staff's objections and went into detail about the southwest corner of the plat where the applicant want to plat an emergency access easement in the place where the trail is to be located, He said there is a conflict in function of the parkway connections. He said on the preliminary plat the link to another subdivision and emergency access easement was to the north of Hillier Court. He also pointed out that at the northeast corner of the plat there are three platted parcels outside this plat that the developer fronts a five foot strip of property onto and that prevents the adjacent lot from having access to the public street. Chairman Wall said he believed the main issues the commissioners will have to deal with are: 1) the sidewalk issue and he referred to the comments by the developer in his response letter to the DRC comments; 2) a letter in the packet from the Parkers concerning the intersection of Old Grove and John McCain; and 3) the drainage plans. Commissioner Swift commented that the drainage issues are huge issues. He said he went to the site where the City Park meets Old Grove and looked at what is happening. He said if the Planning and Zoning Commission approves this plat, it will exacerbate the problem. He sited the examples of Beddo Creek being covered up and the silt filling the Hightower pond. He asked what they are going to do to prevent the same thing from happening to the Monticello ponds that has happened to the Montclair Park ponds. He said the runoff of silt at the southeast corner of the subdivision is obvious and will and has already affected the Monticello ponds because they are now down to 6" in depth because of the infilling of silt. He said the silt fences are new and they are already full so prior damage has been done. Commissioner Swift said again that this problem is a huge issue. Chairman Wall requested the developer's representative to present information to the Commission, Joe Potthoff, 1201 W. Abrams, Arlington, Texas, said he was representing Old Grove Limited Partners and David Bagwell. Mr. Potthoff commented on the access issue and said it is not a likely scenario for a pedestrian and fire truck to be on the trail at the same time, and if the developer's engineer, the Parks Department, and the Fire Department got together to design a trial it could be done to achieve a good result. Mr. Swift said that David Bagwell's letter in the packet says staff's comment about the trail is absurd. Mr. Potthoff told the commissioners that the developer is trying to create a unified subdivision and an overall community. He said the whole point is to create the most natural environment possible. He requested that the commissioners approve the final plat subject to the emergency access and trail plan being worked out. Mr. Potthoff said the issue of the five foot strip of open property along the Niedholt Addition was acknowledged by the approval of the preliminary plat. He said the preliminary plat called out the 5' as being made into a utility easement and this occurs in several instances throughout the city. He said the first plan for the subdivision had lots backing up to the Planning & Zoning Commission Minutes - August 25, 2003 Page 2 of 7 (Draft Copy - 8/27/03) Niedholt Addition, but in order to save trees they changed the configuration. He said that because Mr. Bagwell's deeds and restrictive covenants cannot be enforced on the adjacent property, the lot in the Niedholt Addition that runs parallel to the proposed street should not be allowed to have access to the Old Grove subdivision. He said that the current access to John McCain Road by the lots in the Niedholt Addition has never been changed in any previous plats associated with Old Grove. Mr. Potthoff said the same conditions applied to the Baker property before Mr. Bagwell purchased it and incorporated it into the subdivision. He said from an environmental aspect, the submitted final plans are preferred over the configuration that was approved in the preliminary plat. Commissioner Culley asked Mr. Potthoff questions about the pedestrian easement and questioned Mr, Potthoff if he had a study to support his theory that a fire truck and a pedestrian are unlikely to be at the same cross-section of the trail at anyone time. Mr. Potthoff responded that he did not have a study, but was only using logic. There was discussion about safety issues. Chairman Wall asked Mr. Potthoff why he stated it is less expensive to move the emergency access easement to the location that was approved by the preliminary plat when two expensive residential lots would be directly affected by the location of the access and their economic value would decrease. Mr. Potthoff did not comment on Chairman Walls questions about the sidewalk issues and referred the question to the developer's engineer. Eddie Eckart, 6001 Bridge Street, Fort Worth, the engineer representing the project, gave the status of the construction plans that have been submitted to City staff. He said he and the developer have designed the intersection per staffs comments and the plans are still open for review and in the process of being approved. Mr. Eckart said the City makes the decisions about where stop signs are placed and the intersection would probably become a three way stop, Commissioner Swift asked the engineer about the egress and ingress onto John McCain. Mr. Eckart responded that there are no trees in the proposed ingress/egress easement. He drew a picture of the proposed intersection on the white board in the chambers. He said that Old Grove Road would bypass the exterior of the Niedholt lots and they will continue to have the same access to John McCain Road. He said those lots are not helped or hindered by the subdivision, Commissioner Culley asked Mr, Eckart questions about the proposed gate for pedestrian traffic. Mr. Eckart responded that he believes if the City departments and developer work together, they can come up with an alternative. He said the trail can cross a fire lane access, they can coexist and he envisions a crossing rather than the two running parallel. Chairman Wall asked Mr. Eckart if he has additional time to work with staff before the Commission votes on the plat. Mr. Eckart responded there can be a resolution with a vote tonigh,t because the developer wants an alternative that is functional, safe, and aesthetically pleasing. Chairman Wall said that Mr. Potthoff said the developer wants to move forward and Planning & Zoning Commission Minutes - August 25, 2003 Page 3 of 7 (Draft Copy - 8/27/03) not delay. Mr. Eckart said if something can't be worked out, then they would go back to the preliminary plat location. Commissioner Swift said the critical issue is still the silt runoff. He said he walked the property two times and beyond the silt fence the runoff was evident. He said the silt runoff goes into the Monticello ponds and also Mr, Hightower's pond has increased in silt. Commissioner Swift explained how Montclair Parc is suffering similar circumstances because the same developer has allowed silt to runoff the Broughton Addition into those ponds. He told Mr. Eckart he wants to do something immediately to alleviate the problem, now during the construction process. He said Whittier Heights has been virtually cleared of all trees and silt is prevalent. Mr, Eckart pointed out on the plat the direction of water flow in the area and said the construction plans they submitted to the City are in the process of being review. He said that Whittier Heights is designed to install a pond that acts as a siltation system post construction and detains water during construction and then will continue to filter the silt. He discussed erosion existing in the area prior to this development being planned and said that everything was filtered onto themselves because they owned the property. Commissioner Swift said he still has considerable concerns about the drainage issue. Chairman Wall asked Mr. Eckart to comment on David Bagwell's comments on sidewalks. Eddie Eckart referred to the comments made by David Bagwell and then read the requirements that were passed in the PUD and how some areas of the subdivision are exempted from the Land Development Code regulations. Chairman Wall listed the points he believed needed to be discussed by the commissioners and said it would be appropriate for a motion at that point. Commissioner Swift asked for the rules to be suspended in order that they may receive comments by the citizens who were in attendance at the meeting and live in the area of the subdivision. Chairman Wall said the rules would be suspended and each citizen would be given five minutes to comment. The commissioners asked for a break at this point in the meeting. The commissioners took a five minute break and resumed the meeting. Those present wishing to speak were: Carol Parker, 105 W, John McCain Road, said she was also representing her husband Carl and her daughter. She informed the Commission that she has a house at 105 and also owns the lot at 103. She said they purchased the two lots many years ago and the lot at 103 has been an investment and one day they may sell that lot. She drew the current access the three lots have onto John McCain Road and how they will be affected by Old Grove. She also discussed the drainage problems in the area. Com~issioner Swift commented about how there will be six things happening at the newly proposed intersection of the Old Grove Addition, the entrance and exit from the Niedholt Addition, and existing traffic on John McCain Road. Planning & Zoning Commission Minutes - August 25, 2003 Page 4 of 7 (Draft Copy - 8/27/03) Beth Battles, 101 W. John McCain Road, spoke about the realignment of John McCain Road and she also said that a condition of the preliminary plat approval stated the developer would address the intersection at final platting. She said this plat is the time to discuss and resolve the intersection design. She said that the developer proposes to move the roadway and the mature trees that have provided coverage in front of their homes will be cut down. She said she is shocked and upset that the developer has never talked personally to the homeowners in the area. Ms. Battles recommended the Planning and Zoning Commission should table the final plat to allow time to resolve these problems. She said if the commissioners approve the final plat it will be a mistake and the problems in the area will not be resolved. Grady Walker, 7301 and 7309 John McCain Road, displayed a copy of the construction plans the City received from the developer for the intersection. He said it seems to be lacking in accuracy and the zoning and planning of property should go together with construction of roadways. He said the roadways have already started and the developer has already bulldozed trees without having a final plat approved. He said the developer needs to work with the people already in the area and is taken back by the comments of the developer's representatives about the movement of roadways and trails. Mr. Walker commented that John McCain should be the primary road, not Old Grove Road. He said the water issues are significant and he said he has asked staff many times to show him the studies the City has done in the area, and they cannot produce the studies. He said the City will have no recourse after the developers develop the area and maybe the citizens should consider approving a bond or use reserve funds to study the area for the next five years and develop options. Josh Coleman, 7204 John McCain, said he has three acres that front on the creek and drainage is a huge issue. He said the drainage in the overall area has been poorly addressed. He said there are ways of making the John McCain intersection work and it is absurd the developer has not worked with the Parkers or the Battles. Mr. Coleman said the developer, David Bagwell, did not comply with the original design on Westmont and the City made him correct the problem. He said if the drainage problem continues, it will become a mud pit on the Parkers and Battles property and there is already a problem on John McCain. He said the City needs to back up and address the horrible drainage problem that will only become worse. He said the Whittier Heights property has been wiped clean of the trees and the additional rooftops and cement will only worsen runoff and the drainage problem. He said all of the designs are only designs and do not account for the additional runoff, but this is real life if the plan is approved. Mr. Coleman said the developer talks about high standards in his subdivision, but he and his neighbors have very high standards because they interact with each other if there is a problem. He said the City has needed a study in the area and down stream for the last ten years, and there needs to be more detention along the entire creek. No one else was present wishing to speak. The public hearing was closed. Commissioner Jones said the citizens have given them more things to chew on and doesn't know who on the Commission can determine the extent of the problems and there is no one from 'staff representing the engineering department or parks department to guide them. He suggested they table the case and ask the developer to meet in a work session. Planning & Zoning Commission Minutes - August 25, 2003 Page 5 of 7 (Draft Copy- 8/27/03) Commissioner Jones said he has experienced a fire in his neighborhood that created a serious problem with traffic because of the limited access for the fire department. He asked Fire Marshall Jeff Jones to comment on the traffic design and the problem with all of the traffic merging onto one road. Jeff Jones said the developer asked for the Hillier Court access in the preliminary plan. but the fire department would rather have access of Providence Road; however, that does not give a second access for Westmont. He said the big issue is with the park department's objections to the hike and bike trail alignment with the emergency access. He said he has encouraged David Bagwell to work with Monica from the parks department and he believes there is a workable pedestrian trail design. Commissioner Swift said the Fire Marshall should prevail in the safety design for the area. Chairman Wall said there are several options for the commissioners to consider. He said one option is to table the case. He asked staff about the time clock for plat approval. Tom Niederauer read the section from the Land Development Code that states the Planning and Zoning Commission has 30 days to take action from initial consideration and then City Council has 30 days to take action on the request. Mark Jones asked Mr. Niederauer if Barry LeBaron told him to tell the commissioners that and Mr. Niederauer responded that he and Barry had discussed that prior to the meeting, but he was reading the regulations from the Land Development Code. Chairman Wall said another option would be to approve the plat with amendments and another option would be to deny the plat. Commissioner Swift recommended that the commissioners hold a public work session with city staff and the developer to go over the issues. He said it would be a mistake to deny. Commissioner Kelly commented that the developer has not met with surrounding homeowners. Commissioner Culley commented that one thing is clear to him, that not everyone will be satisfied with whatever decision is made. He said the development is not wrong on all items and he appreciates the citizens' good input. Commissioner Jones said the only reason he would go along with tabling the case is for the purpose of having the developer meet with the fire department, the parks department and the surrounding property owners. Chairman Wall said the citizens have definite issues and need to be considered. He said the public comment needs to be listened to. Commissioner Swift moved to table the final plat. Commissioner Kelly seconded the motion. Commissioner Culley said he wanted to emphasize to Eddie Eckart that the motion to table is not taken as a way to require the developer to start over again on the development. He said the City needs to address the drainage issues along side with the developer and the commissioners need to not be put in a position of like it or lump it. Commissioner Culley said there needs to be a design for the trail system and emergency access system to work together. 1', Planning & Zoning Commission Minutes - August 25, 2003 Page 6 of 7 (Draft Copy - 8/27/03) Chairman Wall called for the vote. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Chairman Wall requested that staff pass on to Barry LeBaron that the commissioners want more information on the issues and they want to schedule a work session meeting prior to the next time the Planning and Zoning Commission regularly meets so the engineers can address the drainage issues. Commissioner Jones said they need a comprehensive drainage study and would like a workshop prior to their next meeting with the Fire Marshall and the Parks department. 3. Discussion of the Master Plan Update: There was none. 4. Staff Comments, Reports and Discussion Items: There was none. 5. Commissioners' Comments and Reports: There was none. The Commission adjourned the meeting at 9:30 p.m. by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. f'. Planning & Zoning Commission Minutes - August 25, 2003 Page 7 of 7 (Draft Copy - 8/27/03) .~ Texa,; PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 8, 2003 P-03-019 - TABLED ITEM - Final Plat of Old Grove, 45.459 acres located west of the Westmont Addition, southwest of John McCain Road UPDATE The Planning and Zoning Commission tabled this item at the August 28, 2003 meeting. The Commission requested a work session on the item to discuss drainage, engineering issues, and the hike and bike trail. The work session was held on September 4, 2003. Below is a summary of the issues. Drainage. Engineers from the City and Goodwin and Marshall explained the design and function of the drainage system for the area. Based on comments at the meeting, City staff will be working very closely with Goodwin and Marshall and area property owners to reduce the downstream effects of siltation. Hike and Bike Trail. The hike and bike trail was originally proposed to also function as an emergency access easement and fire lane connecting Old Grove with Whittier Heights Phase I. The Parks Department had concerns over the dual use of this trail and the potential conflicts between pedestrians and emergency vehicles. The emergency access easement has been moved to another location, and the trail remains at the original location. With this change, this issue has been resolved. Reserve Strip. The plat shows a five-foot wide strip of land on the east side of Encinal Trail adjacent to the Niedholt Addition, a three-lot subdivision bordered by Old Grove and Westmont. The DRC recommended that this strip of property be eliminated as the strip denied street frontage to one of the lots in the Niedholt Addition. At the meeting, the owner of the lot stated she does not object to the location of the strip of land. The Planning and Zoning Commission may approve the plat as submitted with this strip of land, ST AFF REVIEW COMMENTS - 8/25/03 Old Grove Limited Partnership is the owner of a 45.459-acre parcel of land located west of the Westmont subdivision and north of McPherson Park. The owner has submitted a Final Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create 70 lots for the construction of new residences. t.,. Zoning and Density. This property is zoned PUD-R, approved by Ordinance 0-99- 1153 on April 20, 1999. The overall density of the development is 1.54 dwelling units per acre. Agenda Item No.1 - Page 1 Preliminary Plat. The City Council approved the preliminary plat on February 5, 2002, by Resolution R-02-1903. The final plat is generally consistent with the approved preliminary plat. There is one more lot in the final plat than in the preliminary plat, and that lot has been added from the Whittier Heights Phase II final plat. The total number of lots among all phases of this development is the same as originally approved. The DRC is not opposed to this change. Lot Sizes. The minimum lot size required for this development is 13,000 square feet, with an average lot size of 16,000 square feet. The smallest lot is 13,811 square feet in area, with an average lot size of 16,532 square feet. Open Space. The PUD-R ordinance for this property requires that 20% of the Old Grove subdivision be designated as open space. The open space provided for the development is 12.59 acres, or 27.7% of the land area. The homeowners association is responsible for the maintenance of the private open space areas and the associated detention ponds. Intersection with John McCain Road. This phase of the subdivision is accessed from John McCain Road. The street intersection with John McCain Road and the entrance to the subdivision is proposed for realignment. John McCain Road would be realigned to a T-intersection, eliminating the severe curve in the road. The plat shows the proposed realignment and dedication of right-of-way. The actual construction documents for this street construction are included with the engineering construction plans submitted with the final plat. Emergency Access. There is one entrance to the subdivision from John McCain Road. A secondary emergency access is required to provide two separate entrances into this phase of the development. The final plat proposes an emergency fire lane connection between from Providence Road in Whittier Heights Phase I to Bergamot Trail. The preliminary plat proposed an emergency access drive on the south side of Bergamot Trail to Hillier Court in the Westmont subdivision. The Fire Department will accept an emergency access at either location, provided the fire lane is constructed to standards contained in the Colleyville Fire Code and Land Development Code. The Old Grove final plat indicates that the portion of the trail easement will also be used as a hike and bike trail. The Parks Department has indicated concern over the dual use of the trail as a fire lane due to the potential conflict between emergency vehicles and pedestrians. The recommendation for denial is partially based on this issue. The Land Development Code requires that hike and bike trails be located in either a trail right-of- way or dedicated trail easement. The Code does not specify whether the easement may be combined with another purpose. Adjacent Property Issues. The plat shows a five-foot wide strip of land on the east side of Encinal Trail adjacent to the Niedholt Addition, a three-lot subdivision bordered by Old Grove and Westmont. The western two lots in the Niedholt Addition do not have frontage on a public street. These two lots are accessed from an existing 30-foot wide easement, which is located on a proposed lot in Old Grove. The easement has been in Agenda Item No.l- Page 2 place since at least when the property was platted in 1978. The Old Grove final plat does not remove this easement. The Land Development Code does not permit the creation of a reserve strip or common area adjacent to a proposed street or property in such a manner as to deny access from adjacent property to the street. The DRC recommends that the right-of-way for Encinal Trail be revised to coincide with the common property line in order to meet this requirement, and the recommendation for denial is partially based on this requirement. The developer has requested that the plat be approved as shown with this strip of property. A letter from the owners of the western two lots is included with this briefing. Colleyville Pathways Plan. This property is subject to the provisions of the Colleyville Pathways Plan, which requires a 10-foot wide hike and bike trail (with a two-foot shoulder on each side) to be constructed through this property. The trail is required to be built with the public improvements to the property. The plat provides a 20-foot trail right-of-way connecting from the southwest corner of the development to John McCain Road, and the engineering construction plans show the construction of the trail. The developer has responded to the Development Review Committee comments, and a copy of the response letter is attached, The letter provides the developer's comments on the issues addressed in this briefing, and the developer's representatives will be available at the meeting to address any questions or provide information. This plat also requires approval by the City Council. RECOMMENDATION: Denial, due to technical non-compliance with the Land Development Code ATTACHMENTS: . Location map · Plat . Development Review Committee memo · Correspondence Prepared by: and, AICP nity Development Manager " Agenda Item No.1 - Page 3 ~ N i q---y- / --l r~ L- ,-.-- L-- . -------lL - ~1 -I I \ II r . -_L --~ 1-. <If o U '- (.I) Lu /~ / I SC_~QQ~-. __ ..,-j --- -1 ~ _1~' H1N~'LI ii, \ \ "'9+;fc~-< _-< ..-- -1 I \ ,,)..01,- y- ___...J L---J-------- \ i LA 1./ A C A _ __ - - -, - -- - -4 ' r------ - -- - -l ~ ~ , I Z Ul I ' I ~~. i'-.- , ~ --1, .' I (f] ~(j, ". 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Il w z-t-m ;t i , ~., . o . - ~ ~ ~ I ~ ~%.. ~ I !:I~I.!'~~;~.~~ ! ;H~! ::<5.- c: '" '" ~ ii~~~;;; ~ ~ww~:~"~. 10",:;;",.,0''';0; "'G. ~'" ~ ~o o~ ~'" '-'~ ",<t- ";i. ~~ -:; ~ ~ :~.. ~- '-' u~; '-0 I', CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM Ju]y 31, 2003 David Bagwell ~ Eddie Eckart, PE 214-368-7740 ~ 817-446-3116 Clayton Husband, AICP, Community Deve]opment Manager SUBJECT P-03-019 Final P]at- Old Grove The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION The review of this plat and related engineering plans was based on Ordinance No. 0-99-1153, adopted by the City Council on Apri] 20, 1999, on the PUD-R regulations contained in the Land Deve]opment Code, and on the Preliminary Plat approved by Reso]ution R -02-1903. PLAT DRAWING I. The Whittier Heights Phase I final plat has not been submitted to the City for signature or recording. The metes and bounds description references the recording information for this plat. This Whittier Heights Phase I plat must be recorded and the information provided before the Phase II plat is recorded with the County Clerk's office. 2, The proposed 24-foot hike and emergency access right-of-way must be changed to a 20-foot trail right-of-way. The Fire Department and Parks and Recreation Department do not allow trail facilities to function as emergency access drives. The potentia] for pedestrian and vehicle conflicts exist. 3. A secondary emergency entrance is required for Old Grove. The approved preliminary plat for this subdivision shows the emergency connection from Hillier Court on the south. 4, The hike right-of-way shown on Lots I and 23, B]ock B, needs to be changed to a 20-foot right-of-way. 5. The plat shows a 5-foot wide strip of property on the east side of Encina] Trai] adjacent to the Neidholt Addition. The right-of-way for Encinca] Trail must be revised to coincide with the common property line. The Land Deve]opment Code does not permit the creation of a reserve P,O, Box 185 - COLLEYVILLE, TEXAS 76034 - 8 I 7,577,7587 DEVELOPMENT REVIEW COMMITTEE P-03-019 OLD GROVE strip or common area adjacent to a proposed street or property in such a manner as to deny access from adjacent property to the street. See Section 9.10 of the Land Deve]opment Code. ENGINEERING CONSTRUCTION PLANS The engineering construction plans have been reviewed by the Engineering Department, Fire Department and Public Works Department. Comments on the paving, drainage and utility plans are being coordinated with the developer's engineer. Questions concerning the engineering construction plans should be directed to Chad Bartee at 817-577-7587. OTHER INFORMATION 1. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets. AI] sidewalks must be a minimum of 4-feet in width and constructed in the area between the curb line and the adjacent property line. The sidewalks must be constructed when new structures are built on the lot. The trail must be built as part of the public improvements to the property. 2. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The Engineering Department will provide a forma] assessment of impact fees to the Bui]ding Inspection Department upon subrnittal for a building permit. The fees listed below are intended to provide genera] information on the fees that could be assessed. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses, The actual fee depends on specific use of the property, Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed, WATER SEWER 3. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since John McCain Road is considered an unimproved street and the plat contains more than one residential lot. The engineering plans indicate that the developer will construct a portion of the street. 4. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the final plat. PUBLIC HEARING SCHEDULE Planning & Zoning Commission; City Council: Monday, August 11, 2003, 7:00 p.rn. Tuesday, September 2,2003,7:30 p.rn. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-03-019 OLD GROVE RESUBMITTAL REQUIREMENTS A marked-up print is available for pickup in the Community Deve]opment Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 15 folded copies of the revised Final Plat drawing · one 8W' x 11" reduced copy of the revised exhibit · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The above requested items must be submitted no later than noon on Wednesday, August 6, 2003 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until aI] items are submitted. Please contact me at 817-577-7587 or husbandc@ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE .., PAGE 30F 3 Di'\Vl[) BACWELL COMPAl'\Y August 18, 2003 Clayton Husband, AICP Colleyville Development Coordinator P. O. Box 185 Colleyville, Texas 76034 Dear Clayton: Enclosed is a photocopy of the DRC review comments on the Old Grove final plat dated July 31, 2003. I am responding to you about various of those comments, and Eddie Eckart, P.E., will respond to others by means of modifications to the Old Grove final plat. PLAT DRAWING 1. The recording of the Whittier Heights Phase One final plat is imminent. 2. On the Old Grove final plat revision that Eddie will provide, trail access is no longer proposed from Providence Road in Whittier Heights Phase One. However, I believe that citing a so-called "potential for pedestrian and vehicle conflicts" to justify prohibiting use of the emergency access for access to the City's trail nearby exaggerates the likelihood of a problem to the point of absurdity. And, I express again my view and that of our consultants that such an overabundance of caution on the part of City Staff is resulting in less effective and less aesthetically attractive residential development in Colleyville. 3. As I described to you last week in a phone conversation, the location proposed for emergency access from Providence Road in Whittier Heights Phase One to Old Grove is thought by us to be superior to that approved in the Old Grove preliminary plat. Eddie has spoken with the Fire Marshall since your July 31, 2003 DRC memo was written in an effort to resolve his concerns. The Old Grove final plat revision that is forthcoming will show modifications to the emergency t'. C()\L\lL :\lTY DF\TU>PJ\lE,\;l K222 1)( 11(;1.:\:-, A.\T'\l-] ,....1\T!T he); !}\LL\". Tr:\\" -':;22':; 2 I I .,()N- -- I) .\lnl\() r:l- ;--iO-':;'::;O() f.\ \ 21-+ 5()K~ --.+(1 access area proposed, including the aforementioned elimination of the designation that this access may be used by pedestrians to get to the City's trail nearby. It seems clear that if there were an emergency in Old Grove and the entry to it was blocked or if those responding for the City were to elect to enter Old Grove at an emergency access point, it would be better if that point were at Providence Road, as we propose, rather than at Hillier Court, as was approved in our Old Grove preliminary plat. But, I understand that the Parks Department is concerned that having the emergency access point to Old Grove from Providence Road might result in unauthorized vehicle parking by people using McPherson Park. In our dealings with the City, the Fire Department's apprehension of safety issues seems to trump all other considerations. If the Fire Department prefers the location for emergency access that we propose, i.e. off of Providence Road, then perhaps the Fire Department may trump the Parks Department in such regard. If on the other hand, the Parks Department gets to trump the Fire Department, then of course we will modify the Old Grove final plat as the Parks Department requires. We will also modify the Old Grove final plat to confonn to the Old Grove preliminary plat with respect to the emergency access point if prior to City Council consideration we cannot resolve with the Fire Marshall and the Director of Public works an approach satisfactory to all parties with respect to the paving materials, gating, fencing, transition to the trail from the emergency access, trail width from the emergency access to Cast Iron Forest Trail, etc., i.e. the technical issues involved in construction of the emergency access in combination with the related trail nearby. 4. The hike right-of-way shown on Lots 1 and 23, Block B is relocated to the west side of Cast Iron Forest Trail on the Old Grove final plat that Eddie is submitting. 5. The Old Grove final plat that Eddie is submitting does not respond to this DRC comment. It is inappropriate that the City Staff seeks to compel us to modify the Old Grove final plat in this regard. The Old Grove final plat is identical to the Old Grove preliminary plat in this t regard. The PUD-R zoning ordinance for Old Grove penn its the City Council and P & Z to approve final plats that do not confonn to the provisions of the Land Development Code. Both have done so already. The Whittier Heights Phase One final plat was approved without City Staff opposition. It has a five foot wide area of open space on the east side of Providence Road adjacent to the City's McPherson Park property, which eliminates access to McPherson Park from Providence Road. Furthermore, the preliminary plat of Glenwood and the final plat of the Monnon church property were approved without City Staff opposition. Each have a twenty foot strip of open space on the west side of Linda and Trip Baker's property which separates their property from Providence Road. As you know, subsequently the Baker land was bought by an affiliate of ours and is proposed as Whittier Heights Phase Two. What we propose for Old Grove is no different than these examples of prior Council and P & Z approvals without City Staff opposition. To not separate the property in question from Old Grove as we have done on the final plat would be to virtually invite the owners of those lots to become a part of the Old Grove development. If the City were to compel us to provide access from Encinal Trail to these lots, it would not only be unjust that we should have to provide these owners something for nothing, i.e. street access, utilities connections, and a windfall economic benefit, but it would also inevitably work a financial hardship on us, because those owners would not be required to conform to the high standards of Old Grove. Please note that the platted property adjacent to Old Grove that we separate from Old Grove by a five foot wide area of open space has adequate access that has been used by residents there for many years. This access is provided by a thirty foot (30') wide access easement that allows these lots ingress and egress at John McCain Road. So, there is no reason for City Staff to be concerned that Old Grove provide these lots access it has never had and does not now need. If the City denies the Old Grove final plat for the reason that we have sought to buffer our development in this way, we will propose an alternative street layout that backs lots to this property. On the other hand, if the City approves the Old Grove plat with this buffer, including this property into Old Grove at some future time will not be foreclosed (just as the twenty foot strip of open space approved by the City in the preliminary plat of Glenwood and the final plat of the Mormon church property next to Linda and Trip Baker's property has not prevented the Baker land from ultimately becoming part of Whittier Heights). Regarding the OTHER INFORMATION section of the July 31, 2003 DRC comments, we understand the provisions of the Land Development Code to be subordinate to the provisions of the PUD-R zoning ordinance approved for Old Grove. In that PUD- R zoning ordinance are sidewalk provisions which contradict the DRC comments. I hope this letter is satisfactorily responsive to the DRC comments and that approval of the Old Grove final plat will not be delayed. However, if you need anything further from us, please let me know. Sincerely yours, Old Grove Umited Partnership By: David Bagwell Company, ~1.r e a ~p;t ,r..-ff f d V V By: ~ VvVV\.. David S. Bagwell, President cc: Eddie Eckart, P.E. Joe Pothoff Car] A. and Carol A. Parker 105 West John McCain Rd, Colleyville, Texas 76034 Mr. Clayton Husband City of Colleyville Deve]opment Coordinator 5400 Bransford Rd. Colleyville, Texas 76034 August 14, 2003 Clayton, We have made a review of the things we have discussed within the past few months concerning the intersection at John McCain Road and Old Grove Road, Concerning 103 West John McCain Road, a driveway entrance is needed at 103 West John McCain Road, which will be located at that intersection, near our neighbors, A water meter will be needed for 103 West John McCain Road near the driveway entrance, For the driveway at 105 West John McCain Road, some sort of "No Outlet" or "Private Drive" sign needs to be placed at the entrance, as it is difficult to turn around and dangerous as most now have to back into the intersection to leave, Also, we ask that the City of Colleyville consider removing the fifteen foot utility easement along with the twenty five foot building line on the North side of 103 and 105. A ten foot building line would be more appropriate as there is a 30 foot road easement in place and the driveway is no longer needed to access the Old Grove Deve]opment. Dale Crane has said that "B]ock F" will be used as an open space and not a building site, The road will never be used other then a private access to 105 John McCain Road and not to any other place, Also, it would be more efficient to have a water meter for 105 to be placed where the water and sewer connections come along Encinal Trai] on the west side of 105, Now the water line is crossing 103 West John McCain Road, and it has frozen several times in the past twenty-two years (because of the long distance), It has also been hit by cars, resulting in water waste that can not be seen 300 feet away. Please consider one more thing, Stop signs should be placed at a1] three adjoining roads, John McCain from the North., John McCain from the East, and Old Grove Road, This has been a bad intersection over the years and by putting up stop signs it would be safer for the citizens of Colleyville. Thank you for keeping these things in mind and the time you have spent on this, Car] and Carol Parker .~ T~lnl'" PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 8, 2003 Z-03-018 - TABLED ITEM - Zoning Change from CC2 to PUD-R Planned Unit Development Residential on 7.16 acres located in the 4300 block of Brown Trail on the west side of the street UPDATE The Planning and Zoning Commission tabled this item at the August 18, 2003 meeting. The Commission discussed density, traffic safety, and land use issues. Each of these items is summarized below. Density. The proposed density of the project is 3.49 dwelling units per acre (DUA). For comparison purposes, the density of the Bridlewood subdivision is 2.9 DUA, the Saddlebrook subdivision is 1.9 DUA, and the Woods of Colleyville is 1.8 DUA. The proposed project is similar in density to Emerald Park (under construction on LD Lockett Road), Westgate Villas (McDonwell School Road) and Villas at Caldwell's Creek (John McCain Road). Traffic Safety. The Commission expressed concern over the location of the entrance to the subdivision on Brown Trail. Brown Trail is a 4-lane roadway, with a continuous left turn lane between Colleyville Boulevard and Cheek Sparger Road. Sight visibility to the left at the main entrance is somewhat blocked by trees, but visibility could be greatly improved if the undergrowth were removed. Sight visibility to the right does not appear to be impeded. Land Use. The Colleyville Master Plan designates the future use of this property for retail and commercial uses. The Commission discussed the loss of potential commercial property if the zoning change were approved. A representative from the property owner spoke at the meeting. He stated the property has been on the market since 1996 and that only two contracts have been presented, one of which is the current contract. The developer submitted a letter related to this request. A copy of the letter is attached, STAFF REVIEW COMMENTS - 08118103 Texas Health Resources is the owner of 7.16 acres located on the west side of Brown Trail, between Colleyville Boulevard and Bridlewood Drive. The prospective buyer, Larry Cole, proposes to develop the property for single family residential uses. The applicant has submitted a request to change the zoning on the property from CC2 Shopping Center Commercial to PUD-R Planned Unit Development Residential. The developer proposes to construct 25 single family lots, with lot sizes ranging from 7,200 square feet to 9,510 square feet. Two street entrances are proposed on Brown Trail. A 1.45-acre open space area is provided in the development. The project is proposed as a Agenda Item No.2 - Page 1 gated community with private streets and entrance gates. The subject property is currently vacant. The surrounding property is both single family residential and commercial in nature. Properties to the northwest and northeast are zoned CC2 and CC1 respectively. Property to the south is zoned RMF Multi Family Residential and is developed as single family residences (Bridlewood subdivision). The property across Brown Trail is developed as offices. This site is approximately 500 feet southeast of Colleyville Boulevard, and the properties on Colleyville Boulevard are developed with commercial and institutional uses. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyvi/le Master Plan designates the future use of this area for office and commercial type land uses. This request is not consistent with the goals and objectives of the Master Plan. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher- density projects should be located near major street intersection or on smaller parcels that make less dense development economically difficult. The density of the proposed project is 3.49 dwelling units per acre. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet, provided the average lot size is 16,000 square feet. The lots in the proposed development range in size from 7,200 square feet to 9,510 square feet. The proposed lot sizes, widths and depths are not consistent with PUD-R regulations. The developer is requesting that the lots be approved as shown. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space also offsets the smaller lot sizes allowed in the PUD-R. This project provides the required 20% open space within the project area. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. The developer is also required to construct a 5-foot wide sidewalk adjacent to Brown Trail as part of the public improvements to the property. IMPACT ISSUES 1. Master Plan. The Colleyvi/le Master Plan designates the future use of this area for office and commercial type land uses. This request is not consistent with the goals and objectives of the Master Plan. h 2. Surrounding Properties. The surrounding properties are developed as both single family neighborhoods and commercial development. The property immediately to the north of this site is vacant. Agenda Item No.2 - Page 2 3. Development Trends. Many of the properties in the immediate area are developed, but no apparent trend has established. In the Colleyville Boulevard area, commercial development is expected to continue. 4, Infrastructure. Water and sanitary sewer service are available along adjacent rights- of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 7 .16-acre parcel is valued at $873,292. The estimated City property tax revenue for the undeveloped property is $3,033 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6, Sales Taxes. The project will not directly generate sales tax revenue. The addition of 25 new houses could indirectly have a positive impact on sales tax revenue due to new residents shopping in Colleyville. 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the ten proposed residences would add 239 vehicle trips per day to the surrounding roadways. 8. Public Notification. Staff mailed notices to 28 adjacent property owners regarding this request. Complimentary notices were also sent to the Bridlewood Estates HOA and the Saddlebrook HOA. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: August 18, 2003; September 8. 2003 City Council: October 7 and October 21, 2003 RECOMMENDATION Denial, due to technical non-compliance with the Land Development Code and Colleyville Master Plan ATTACHMENTS " . Location and Zoning Map Zoning Exhibit Information from Applicant List of Property Owners Notified Draft Ordinance Prepared by: . . . . Agenda Item No.2 - Page 3 I I 1 '--~~.. ,\".).. /' l ; 'J L "li'SJ" '" 'P: ..,..,:;J -('}.. _,<:>, l' , n) ~ ~~1 -';1 ~ b~~ ~ ~~"_h~ -~__. _ _~.___~jl~i3J_B~A.___ .~. ',~'-'- -.-, o~t'i;'::.1i.~_, . , :}} . " " ._1 ~tlS" ~Gt \ j,1lJ c; '-- COr~ '51JO~ t.,..,,> ~_ Sf~\.tOtl tlJ ,00 4' \~ ~ '~R2.l~(.:.:'. ,N l!! ~ lk~ 71'1 ~_ A TR'IJ.~n 1'_1 1.191. .no ,Ile I ~~ 1 AC ~ I'- 'V ~ 6 _':').{:./l 2R2 L ~ j<; : 13~~~tl y{f;S'f ^ '". ",r ,/./.:..~:;,~.f'~ 11 COtA~ ~ ~ FE" r..{"',,9.' i G'QD ~... v '1, ':J',''''> fl~S!i of , ...... 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In hiii d III~ I~ I~ II -== ~ z ~ I t;= 0 z ~ t: g~ ~ ~ ~I ~~ e :~ :~~h~ I; ,,1~'l'1';11~n8 IE Z iiltJ '" E" i i~ Z tJtJ ?; 8 I! ~II ~ ~~ :tl R ~.. Q~ t: .. a to i::! ~ ~r It II i II' ~i 3i~ II II! \fi'! 11111: 11,11 1!11 i~11 . ! i ~:i ",!: ~~~E i"~~ :'T~'l ~~ul !~~~ . .~~h .. . ~ '. .,: ~. ~.~ i~~~ ~~r~: " , ~~~ ~~.~ g~J ~!~ r~" /.~ I / Willi gl . ~i di .1, d j! I: a ~ ! I ,. . To: Chairman Wall & Members of the Planning & Zoning Commission From: Larry Cole Date: September 5, 2003 There isn't too much more I can say that I haven't already said concerning the proposed Tiffany Park layout. I have enclosed a letter I sent to the adjacent property owners. I would like to add that just because this property is zoned commercial doesn't mean it is commercial. I have advocated for a long time to have residential transition areas next to commercial land. This would do that. I have done that with Emerald Park. Ramon Chandler has done that with Rosebrook next to Remington Park and the neighborhood along John McCain Road. Do you really want to grapple with fitting a broad commercial use next to Bridlewook? I sure wouldn't. Adding $10,000,000 of residential property to help support the existing commercial business will have a far greater effect on the tax base than adding some marginal use next door.. Those of you that are "purests" on the density issue miss the point of providing upscale house to Colleyville for a broader range of people. There are many affluent people in Colleyville that want to stay here, but don't want the yard upkeep and water bill, but still want community amenties. For those of you who want to stick with the "master plan" I will only say it is only a plan and it is dire need of an update and to have realistic expectations for commercial uses based on the market, not some market consultant who will tell you what you want to hear. In my opinion, the input of commercial developers should be given greater consideration than has previously been done. This is my case. Please make a decision on Monday night, September 8th, one way or another. Thanks for you consideration. . r~erelY, ~~~., LaiTy ~ole September 5, 2003 Dear Homeowners, Recently I submitted to the City of Colleyville a plan to develop the seven acres adjacent to your community into a gated single family neighborhood. The Planning & Zoning Commission tabled this case until Monday September 8th. I would like to point out a few things concerning this proposal. When your neighborhood was developed the hospital already owned this property and the use was intended for medical office or perhaps assisted living. That is no longer the case. The property has been zoned commercial ever since I can remember back to the 1970's. IfI lived in your neighborhood, I would be very concerned about marginal commercial uses like veterinary clinics or used car sales lots than I would about a certainty of knowing that more residential lots would be developed next to you. I have enclosed a list of permitted uses that does not need zoning aoDroVal to build. Some of you have complained about the density of 3.5 units to the acre. Do you know that Bridlewood Estates has 113 lots and has a density of2.98 units to the acre with only one acre of open space? Adjacent Saddlebrook Phase I has 122 lots with a density of2.35 acres and Saddlebrook Phase II to the west has 123 lots with a density of 2.00 units to the acre. That totals 358 lots. I am only asking for 25 lots. The lots backing up to this property are 78 to 80 feet wide with a depth of 120 feet. I am proposing lots with a width of 62 feet and a depth of approximately 116 feet. I am adding only one more lot backing up to you than what you already have. Instead of platting out the same size lots with no open space, I am proposing a "mini-planned community" like have I built in Bedford "Silverwood" along Cheek Sparger Road with the density of Emerald Park that is under construction along L.D. Lockett Road in Colleyville. The customers I sell to prefer a smaller lot if they can have internal open space with paths and ponds., provided the dues are reasonable. I need 25 dues payers to make this feasible so. Adding only twenty-five homes to the exit of a five-lane road does not have a substantial impact on traffic. If this property were developed commercial it would be much greater. The visibility is very good along the proposed entrance and not like the condition where the Bridlewood and Saddlebrook enter. In summary I urge you to consider my opinions and if possible show your support for this type of community adjacent to you. We always try to be a good neighbor and address your concerns. Sincerely, Larry Cole _........n:IIL_-........1It.I ~_,'__,...--IO.L" RUG 21 2003 16:07 HP LASER JET 3200 po. 1 HAGAN ENGINEERING, INC. ClVn.. · MECHANICAL . ELBCTRlCAL TIFFANY PARK COllEYVn.LE, TEXAS PRESENT ZONING: cc.2 SHOPPING r.ENTER. Auaust 21. 2003 Project 553 Hours o! operatioa ScreeniDI !enc:e MinimuJlllot dcptII. Heiih~ Rar ICtbeok 24 8' (nelU to residcDtial) 120' 35'1 a. 25' (adjacemlo I'CIidential) TYPBS OF USES AT' OWED IN CC-2 HoteVmotel Junior U14ler1ior colleii' Buliness Ind pro!e..ionallOhool Ccmmunity bu.ildina Automobile Parkina lot/prase SupennarIcetIgrocery Meat II1d flah II1Ilket lleetalnnt with dri\"e through IlUVice BakcIy Book shop FlaNt sbop Pet IIIop Vehicle salea with ouDidc dilplay Buildirli ma1llriall1tol'e Sclf-lCl'Vice laundromIlt Health IlUdioI FunerIl bame 1D1erior decoratiDa Ihop Medical clinic Bank Movie theatre Outdoor amusement KiIldapnen. primaty. and IlCCODdIlY ICbooII Vocaticmal. technical. and trade IICbools Government building Cemetery Con\'ellience lItOre with plo1ine sales AUlIllmOtive servit:e with oullIide 1tOr&F Caf6lreataurlnt PhIlnlllC)' PlllJ1lbinWe1ectrical h8rdware with outaide diaplay Jewelry/cmlCl'llmuaic salCl mdlor repair Furniture store Second.hlDd JOOda .bop Auto saIeI BIrbcr/beauty saJon Dry cleanen Muaic IIJId dance Jtudioa Veterinarilll1 clinit: with kamel. Food c:ateri!ll General office Day carelday nursery Indoor amulemeIlt 170S FOIUt \lidF Drive. Suite 102 . Bedford, TellIS 715(122 Pboae: 817-571.9221 Fax: 817-571-9335 _hcqr@lwbeUa.et Tiffany Park Planning Objectives Tiffany Park will be a master planned unit residential development with 25 homesites on 7.14 acres. The neighborhood is designed to preserve most of the existing trees on the site. This community will have 20% open space with area allocated for a pond and walking path. Lot sizes are planned to be 62 feet wide by 1115 feet deep with a twenty-foot building line. This is the size that is requested by potential Builders for this community based on their designs and market input. Side-yards are to be six (6) feet with a minimum of twelve feet between houses. The target price range is in the $300,000 to $400,000 area. The minimum house size will be 2,400 square feet. This land was acquired by Harris HEB Hospital back in the early nineties for the use of doctor's medical facilities. With the continuing evolvrnent in the delivery of medical services, this site is no longer needed by the hospital and is best suited for residential use. The land to the west is owned by the First Assembly of God Church and is master planned for retail use. A six-foot masonry wall shall be built separating the retail from the residential use. All common areas and screening walls shall be owned and maintained by the Tiffany Park Homeowners Association. All lots will be encumbered with a mandatory provision, which provide for the assessment and collection of annual dues estimated to be approximately $550 per year. TIFFANY PARK PROPOSED OWNERSHIP: The title to the property will be in the name of Tiffany Park Residential Development Ltd. STATEMENT OF UTILITIES TO BE PROVIDED: There is a main 10 inch water trunk line along Brown Trail Drive. The sewer line will be extended from the eastern property line at Walgreen's along Brown Trail about 186 feet from the subject property CIlOO 0 Ol~~ N '<tXOCD c>> (')(\\(')0> N ol-~~- CD ClE~~ aD ,... OOl~N (') Q)'-fA-fA- Ul _ 0 (\\- ~ (\\ X> (\\"0 -<( - CIl W 00 0 00 0 OlOO 0 o - . N .- CD '<t ~CD~ 0 a.. CD 0> CD CIl - - ex) - Ol(')'<t U _ Ul Ul Ul (\\ CO rn Q. "0 E Ol 1ii .~ .5 E iii 0 w C _LO LO 0 0(') (') U o~ ~ W u.. ~ CT ... rn CO ~ Ol n- o.. >- CIl Ol c Iii :i! rn - j:: (llUlUl OlOO 0)00 (\\ "":. CD_ aNN 0 u.. Ol ~ (\\ ::> CT rn Iii S - 0 0 l- I- CIl Ol CIl ::> 0 IN (') LO - ~ ~ N 0 ~ Ol .c ::> Z The Bryn Mawr Partnership 5905 Oceanview Ridge Lane San Diego, CA 92121 Texas Health System 611 Ryan Plaza Dr., Ste 900 Arlington, TX 76011 Medical Office Bldgs TX LP Attn: Tom Klaritch 4525 Harding Road, Ste 102 Narshville, TN 37205 First Assembly of God, Colleyville 4309 Colleyville Blvd Colleyville, TX 76034 Sandra Sutton 308 Bridlewood N Colleyville, TX 76034 Gaylen Blasingame 312 Bridlewood N Colleyville, TX 76034 Kenneth & Lily Davis 412 Bridlewood N Colleyville, TX 76034 Atef & Miranda Henary 500 Bridlewood N Colleyville, TX 76034 Chinh & Minhduyen Hoang 509 Bridlewood N Colleyville, TX 76034 Jay & Elaine White 512 Bridlewood N Colleyville, TX 76034 Louis & Teresa Montes 604 Bridlewood N Colleyville. TX 76034 Robert & Lisa Summers 4114 Wellington Drive Colleyville, TX 76034 Charles & Marileone Merkle 4114 Paddington Lane Colleyville, TX 76034 Robert & Shelli Hass 4115 Paddington Lane Colleyville, TX 76034 Kenneth & Melanie Damron 4115 Coachman Lane Colleyville, TX 76034 Aughty & Morna Shelton, III 603 Bridlewood N Colleyville, TX 76034 Barry & Elaine Thomas 4212 Green Meadow S1. W Colleyville, TX 76034 William & Alynne Rivers 4214 Green Meadow S1. W Colleyville, TX 76034 Jeanne & William White 4306 Green Meadow S1. W Colleyville, TX 76034 Comvlimentarv COVY to: Bridlewood Estates HOA Greg Fuller, President 4106 Bridlewood Court Colleyville, TX 76034 William & Hanna Migneault Tr 3625 Sierra Road San Jose, CA 95132 Michael & Karen Phelps 304 Bridlewood N Colleyville, TX 76034 Chris & Melinda Sprang 400 Bridlewood N Colleyville, TX 76034 Mark & Melinda Crenshaw 504 Bridlewood N Colleyville, TX 76034 Wayne & Donna Ridenhour & Opal Soviak 600 Bridlewood N Colleyville, TX 76034 Lai-Ming & Santosa Chan 4115 WellingtonDrive Colleyville, TX 76034 Barry & Rebecca Allen 4114 Coachman Lane Colleyville, TX 76034 Julia Fox 4201 Green Meadow S1. W Colleyville, TX 76034 Jon Schweitzer 4216 Green Meadow S1. W Colleyville, TX 76034 Comvlimentarv COVY to: Bridlewood Estates HOA Louis Gasper, Contact Person P.O. Box 1142 Colleyville, TX 76034 Comolimentar)) COO)) to: Saddle brook HOA Steve Ewing. President 700 Green Meadow N Colleyville, TX 76034 Comolimentarv COOy to: Saddlebrook HOA Jennifer Bigler, Secretary 4205 Wilcrest Court Colleyville, TX 76034 Larry Cole, Applicant LCJJ, Inc. dba Remington Park Realty 6420 Remington Parkway Colleyville, TX 76034 Case Z-03-018 (Notices dated: July 30, 2003) or- .::g / I ~ / ().3 According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above and on the previous page have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development ode. h Jan Levy Planning & ning Assistant ORDINANCE 0-03-xxxx AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 1, BROWN TRAIL COMMONS WEST ADDITION, FROM THE CC2 SHOPPING CENTER COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Larry Cole Properties for Texas Health Resources on July 21, 2003, under Case No. Z-03-018; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described as Lot 1, Block 1, Brown Trail Commons West Addition, by changing the zoning of said property from the CC2 Shopping Center Commercial district to the PUD.R Planned Unit Development Residential district, as shown on the attached Exhibit "B", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: .. 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-03-xxxx Page 2 of 4 b. This' property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (6) Rear Building Line 7,200 square feet 60 feet 1 00 feet 20 feet 6 feet interior lots 15 feet corner lots 1 0 feet (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line 4. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty (20) percent of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "B", which shall be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-xxxx Page 3 of 4 procedures and requirements of the Colleyville Land Development Code. 6. STREETS AND SIDEWALKS a. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE . Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 8, 2003 G-03-029 - Tree Mitigation Request on 15 acres located on the southwest corner of John McCain Road and Colleyville Boulevard STAFF REVIEW COMMENTS: Rick Horn, AICP, project manager with Pate Engineers, has submitted a request for an appeal of the tree mitigation requirements contained in Chapter 5 of the Land Development Code. The property in question is 15 acres in size and is located at the southwest corner of John McCain Road and Colleyville Boulevard. The property is zoned CC2 Shopping Center Commercial, and the prospective owners intend to construct a retail shopping center on the property. The prospective owner is ServiceStar Property Advisors, a company from the Denver, Colorado area. The applicant is requesting approval of an alternate tree preservation plan for the property. Representatives from ServiceStar will attend the meeting and make a short presentation to the Commission. Chapter 5 of the Land Development Code establishes criteria for the preservation of trees on developing property. On commercial properties, trees that are located under the proposed building pads are exempt from replacement. Trees located under parking lots or other paved areas are not exempt from replacement. The Code requires that if a 3-caliper-inch or larger tree is removed, the owner is required to replace the tree on a caliper-inch basis. If the owner cannot physically replace an equivalent number of caliper-inches on site, the owner may pay money into the Colleyville Tree Preservation Fund or appeal the replacement requirement to the Planning and Zoning Commission. The applicant submitted a conceptual site plan for this property that includes a tree survey. The Development Review Committee (DRC) reviewed the conceptual site plan. The plan shows areas where buildings and parking lots would be constructed, areas where fill dirt will be added to build up pad sites, detention ponds, and tree preservation areas. In addition, a 100-foot wide tree preservation zone is proposed at the rear of the property along the creek. A copy of the conceptual site plan is attached. The following are the assumptions the DRC used in developing the tree mitigation plan discussed in this briefing. 11 The total number of trees on the site is 1,015, accounting for 9,037 caliper- inches. 2. There are 184 trees that will be preserved on site, totaling 1,775 caliper-inches. These trees are included in the proposed tree preservation zone at the rear of the project. Agenda Item No.3 - Page 1 3. There are 530 trees totaling 4,995 caliper-inches that will be removed from under building pads and in utility easements, detention areas and fill zones. Trees under the building pads are already exempt from replacement provisions. The owner is requesting that the trees located in utility easements, detention areas and fill zones also be considered exempt from the replacement provisions of the ordinance. 4. As part of the landscaping on the lot, 100 new trees totaling 300 caliper-inches will be planted. 5. The developer is requesting that the remaining 201 trees totaling 1,967 caliper- inches be exempted from replacement. 6. There will be 284 trees on site at the completion of the project. The DRC recognizes that to develop this 15-acre site, a considerable amount of earthwork is necessary to create building sites and construct detention ponds. The proposed site plan is conceptual in nature, though substantial time and effort have been put into developing the current plan, as evidenced by the many meetings held with City staff on this project over the past two years. Since the property has not been platted and development is not imminent, the DRC proposes that the Planning and Zoning Commission consider a performance-based mitigation plan. Staff and the proposed owners desired to present a proposed plan to the Commission for consideration in order to have a starting point for discussion. Both staff and the proposed owners agree to the terms of the plan. The details of this plan are as follows. Tree Mitiqation Plan 15-Acre Site at John McCain Road and Colleyville Boulevard A. The total number of caliper-inches eligible for mitigation is 1,967 caliper-inches. The amount of tree mitigation applicable for each calendar year shall be performance- based on the issuance of building permits. The developer shall obtain building permits for a targeted square footage of building area before the end of each calendar year, as shown in the following table. End of Calendar Year 2004 2005 2006 2007 Totals Penalt see formula B. If the targeted square footage has not been met at the end of the year, the developer shall make payments into the Colleyville Tree Preservation Fund based on the following formula: t. Payment ($) = [(Targeted Square Footage - Actual Square Footage) / Targeted Square Footage] * 1,967 * $100 C. If a payment is required as described in Paragraph B above, building permits shall not be issued for the property until the requirement payments have been made. Agenda Item No, 3 - Page 2 D. If the targeted square footage has been met at the end of the year, no payments shall be required of the developer. E. If the targeted square footage has been exceeded at the end of the year, the overage shall be applied to the following year, up to the total build-out of the project. F. The tree mitigation plan for this property shall expire on December 31, 2007. If the total targeted square footage for the project has not been met by this date, the penalty provision shall apply as referenced above. The percentages listed in the building area may be replaced with actual square footages based on the most current layout. The payment provision noted above generally calculates the percent difference in the targeted square footage and the actual square footage, and then applies that percentage to the total caliper-inches of trees eligible for mitigation. The $100 is the current penalty per caliper-inch for removing trees without permission (see Chapter 5 of the Land Development Code). This mitigation plan encourages the developer to construct more square footage of buildings early in the project to benefit from the applicable tree mitigation amount. It is intended that this mitigation plan will encourage economic development on the site while addressing the practical aspects of tree preservation. Without a tree mitigation plan, this heavily treed site will be very difficult and costly to develop. If the prospective owners were to pay money into the tree preservation fund based only on the 1 ,967 caliper-inches of trees proposed for exemption, the owners would have to pay approximately $218,000. If all trees on the site other than those under building pads or preserved were considered for payment, the total caliper-inches would be 5,833, resulting in a payment of over $647,000. The options available for the Commission in this case are: · Approved the tree mitigation plan as submitted. This action will approve the tree mitigation plan as proposed. · Approve the request in part. The Commission may modify portions of the plan, require additional tree planting or by payment into the Colleyville Tree Preservation Fund. · Deny the request. The owner would be required to plant replacement trees or make payments into the Colleyville Tree Preservation Fund based on current ordinances. According to City policy, payments into the Colleyville Tree Preservation Fund include the following costs: the value of the replacement trees, caliper-inch per caliper-inch, as estimated by a licensed nursery; the cost of irrigation for those trees; and a 15% administrative fee. In past cases, owners have paid approximately $111 per caliper- inch, but the actual amount will vary depending upon the estimate of the nursery. RECOMMENDATION Approval as submitted Agenda Item No.3 - Page 3 ATTACHMENTS · Letter from Pate Engineers · Conceptual site plan Prepared by: Ity Development Manager ~.; Agenda Item No.3 - Page 4 PATE ~ ENGINEERS August 1, 2003 Mr. Clayton Husband City of Colleyville 5400 Bransford Road Colleyville, Texas 76034 Regarding: Tree Mitigation Request 15 Acre Retail Tract at SH 26 and McCain Colleyville, Texas At the request of ServiceStar Property Advisors, proposed purchasers of the above referenced tract, we respectfully submit this request for tree mitigation. We have attached a copy of proposed Site Plan identifying areas where trees are proposed to be removed or retained. Additional information has been included to identify the number and type of tree within each area to be mitigated. ServiceStar has made an attempt the create a site plan that will save as many trees as possible while maintaining the viability of the retail uses proposed for the property. They are including, as a part of this request, a large Tree Preservation Zone, along and adjacent to the existing creek located behind the property. This area will remain undisturbed and placed in a perpetual drainage easement to be controlled by the city from this time forward. We propose that this Tree Preserve be used to offset any required tree mitigation. This is best seen on the detailed documentation provided. With these efforts, we hope that our submittal represents the needs of the city and the spirit of the Tree Ordinance. We respectfully request that the staff and the Planning & Zoning Commission approve this request and allow the development of the property. Additional information in support of this request has been prepared by our Landscape Architect and will follow under a separate letter. Please let us know if we can provide you any additional information during your review. Thank you and the Commissioners for your consideration. Sincerely, copy: Steve Pappa - ServiceStar attachment: Tree Mitigation Plan '::~.""'::: t::f,,:;; ::.=.s<:: li\jC, ":"i~ 50C"--::i~P ...:=.:=;; :.R.':": ::> ,::TE3-7C-c DA:....J::.,s "T::.,iA:: 752..1""" -:21J. 3.::;-.2S-2' . Fl.,> ~S;-298::: 1i1i.I~fl. \<-v- '\\~~~ ~ lR:1J 3.761\C J..16f1C 1". lR _4 11.61"1. .- Location Map Case G-03-029 - Tree Mitigation Request o 0 0 r r m :2 18 r r .2 m i(J OJ im : ~~ 0 II ,CC c ,.,.. Ie-- I~ r m ,m < '" :t> ,,.- i~ :;u I 0 ! ~/,-- ,...' / ,. ---- .----- -~--~ - - __~~- - - ~- / ./ -- , _~..-.-~i,. Ga, ~, I i' ----: r ~~. I .9iR~ /; . 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